AGENDA #4g
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Recommended Agreement between Durham Technical Community College and the Town of Chapel Hill
DATE: June 25, 2004
Adoption of the attached resolution would authorize action.
BACKGROUND
Training and education are keys to the success level of any organization in meeting its stated goals and objectives, particularly in the public safety disciplines. Training of employees directly impacts effectiveness, efficiency and safety.
Presently all classroom training is conducted at Fire Station #1. The present arrangement causes a parking problem for employees and other Town Hall patrons. The parking of fire apparatus also is a concern, because it sometimes affects the traffic patterns on side roads of the fire station and Town Hall. The classroom at Station #1 has a capacity of 20 students, which is too small for some classes.
DISCUSSION
The Fire Department has established a cooperative working relationship with Durham Technical Community College for fire training services. We recommend expansion of that cooperative relationship through development of a classroom facility to enhance fire training services. Specifically, we propose to install a classroom building at the training center at Fire Station 4 tht would have the following features:
- Modular building 24′ x 48′.
- Classroom capacity of about 40 students.
- One office.
- Library/space.
The types of training that will be conducted would be as follows:
- In Service/Continuing Education, including firefighting, officer training, specialized rescue, First Responder training, and law enforcement training.
- Career Development, including degree programs in fire protection technology and emergency management preparedness.
The costs for installation of the modular classroom would be paid as follows:
- The Town of Chapel Hill and Durham Technical Community College would each contribute 50% of the initial down payment of $8,644. The Fire Department training budget includes funds that could be used for this purpose.
- The lease agreement would have a five-year commitment of $6400 per year. Durham Technical Community College would pay 33% of the cost and the Town would pay the remainder. The building would become the Town’s property after five years. Funds included in the Fire Department’s training budget would be used for this purpose.
RECOMMENDATIONS
We recommend adoption the attached resolution authorizing the Manager to execute the attached Memorandum of Agreement with Durham Technical Community College for certain training programs and provision of related facilities.
ATTACHMENTS
1. Memorandum of Agreement (p. 4).
2. Quotation from Branick Modular Systems (p. 9).
A RESOULTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT FOR A PARTNERSHIP WITH DURHAM TECHNICAL COMMUNITY COLLEGE AND THE TOWN OF CHAPEL HILL (2004-06-30/R-6)
WHEREAS, the Town of Chapel Hill and Durham Technical Community College recognize the training concerns and requirements for each of these agencies to support the necessity of a classroom facility within the fire training grounds; and
WHEREAS, the Town of Chapel and Durham Technical Community College have worked together to plan and develop training curriculums in efforts to utilize available resources in a cooperative effort as it relates to public service training; and
WHEREAS, the Town of Chapel Hill both support training alternatives in handling the cost associated needs and concerns;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorize the Town Manager to execute the Memorandum of Agreement between Durham Technical Community College and the Town of Chapel Hill with the terms and conditions substantially as stated in the memorandum document presented at the Council’s meeting of June 30, 2004.
This the 30th day of June, 2004.
NORTH CAROLINA
ORANGE COUNTY
MEMORANDUM OF AGREEMENT
This Agreement, is made and entered into this _____ day of ______, 2004, by and between the Town of Chapel Hill, a North Carolina Municipal Corporation established pursuant to Chapter 160A of the North Carolina General Statutes, and Durham Technical Community College, a North Carolina Community College established pursuant to Chapter 115D of the North Carolina General Statutes.
WITNESSETH
WHEREAS, the Town of Chapel Hill (hereinafter the Town) has a Burn Building and other land and facilities that can be used for fire fighter training exercises and classes located on property owned by the Town at the southwest intersection of Airport Road and Weaver Dairy Road in Chapel Hill (the Chapel Hill Fire Training Grounds); and
WHEREAS, Durham Technical Community College (hereinafter DTCC) has, through an Agreement with the Town, used the Burn Building for fire training exercises; and
WHEREAS, the Town and DTCC now desire to extend and expand their cooperative relationship regarding the development and use of training facilities at the Chapel Hill Fire Training Grounds and to combine resources for their mutual benefit; and
WHEREAS, this further agreement would meet the needs of both the Town and DTCC to provide facilities where students can be trained in fire/rescue work and can be prepared and qualified to provide such services to the Town and to other fire departments whose future firefighters are trained by DTCC; and
WHEREAS, the Town and DTCC wish to set and agree on a general framework to establish facilities and to operate training programs at the Chapel Hill Fire Training Grounds; and
WHEREAS, the Town and DTCC believe that this agreement will promote coordination and cooperation with local public safety agencies and DTCC; and will also promote long term partnerships that will benefit all respective agencies and enhance the quality of services that the Town and DTCC deliver,
NOW, THEREFORE, the Parties agree as to the following terms:
1. Lease and Installation of Modular Classroom Building.
The Town will contract for and make all arrangements for the leasing and installation of a modular building, with an exterior dimensional measurement of approximately 24′ x 48′, on the Chapel Hill Fire Training Grounds. This includes arranging for delivery, set-up, foundation, inspections and any permits and approvals needed from governmental authorities in order for the building to be put in operating condition. The modular classroom building will be installed within a fenced and secured location.
The Town will initiate steps to arrange for the installation of the building upon execution of this Agreement. The parties understand and agree that completion of all the steps to have the building delivered, installed and made operational can take several weeks.
The Town and DTCC will each contribute 50% of the down payment for the modular building. As indicated on the attached quotation from Branick Modular Systems, Inc. the down payment is estimated to be $8,644.
DTCC will pay to the Town one third of the per month lease rate for the 60 month term of the lease. The Town will be responsible for the monthly lease payments. Based on the attached Quotation, DTCC’s share of the lease is estimated to be $177.66 per month. If an option is provided in the lease for a buyout and acquisition of title to the building at the end of the lease term, that option shall belong to the Town.
2. Operation of Fire Training Grounds
The Town and DTCC agree to cooperate in the scheduling of the use of the modular classroom building, burn building and any associated equipment needed for training to meet the concerns and priorities of the Town and DTCC.
The specific facilities and resources that are subject to this Agreement include:
Town of Chapel Hill:
Facilities (Burn Building, Drill Tower, Classroom, Bathrooms)
Fire Equipment (Fire Apparatus)
Durham Technical Community College:
· Library and Classroom Equipment Resources - DTCC
· Trailers (Training/Rescue Equipment) - DTCC
Any real and personal property or equipment used or purchased in connection with this Agreement shall remain the property of the agency that made the purchase. Property purchased in the future with grant funding that is used under the terms of this Agreement will belong to the grant recipients/applicant. If this Agreement is terminated or expires without renewal, shared equipment will be returned to the party to which it belongs.
3. Maintenance Responsibilities for Buildings
The Town will be responsible for maintenance and repair of the classroom building and other buildings on the Fire Training Grounds. However, DTCC agrees to provide routine clean-up following each time it uses the buildings for its programs and classes.
4. Use of Equipment and Supplies
The Town will provide tables and chairs for the Classroom building. DTCC will provide such audio equipment and visual equipment for teaching purposes as it determines is needed for its purposes. Other equipment and materials will be provided by the parties and may be used by either party as it continues to deem appropriate.
5. Future Financial Commitments
The Parties agree that prior to the end of each fiscal year (July 1-June 30) officials from DTCC and the Town shall meet and negotiate and agree on the financial commitment that each shall make to the operation of the shared facilities based on a one third contribution by DTCC and a two thirds contribution by the Town. If the Parties are unable to agree, then the commitment of the next year shall equal the pursuit year’s commitment.
6. Duration of Agreement
This Agreement shall become effective upon execution by DTCC and the Town and shall continue in effect until June 30, 2009, subject to annual appropriations in the budget of each Party.
7. Amendments to Agreement
This Agreement may be amended by mutual consent of the parties, which consent shall not be unreasonably withheld.
8. Other Agreements to Remain in Effect.
This Agreement shall be in addition to any specific agreements between the Town and DTCC presently in place establishing specific rules for use of facilities at this location.
9. Termination of Agreement
Any party may withdraw from this agreement by providing 90 day advanced written notice to the other.
10. Nondiscrimination Agreement
It is specifically agreed as part of the consideration of the signing of this Contract that the Parties hereto, their agents, officials, employees, or servants will not discriminate in any manner on the basis of age, handicap, sex, race, color, creed, sexual orientation, or national origin with reference to the subject matter of this Contract. The Parties hereto further agree to all the respects to conform to the Town of Chapel Hill Policies and Procedures while on the property of the Town of Chapel Hill and to follow the Rules and Regulations of the town. This provision shall be binding on the successors and assigns of the parties hereto with reference to the subject matter of this contract.
11. Insurance Documentation
DTCC shall provide insurance for activities and programs it sponsors on the facilities covered by this Agreement as follows:
- Workers’ compensation coverage for the statutory limits under applicable law.
- Comprehensive general liability insurance, in a minimum amount of $2,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include premises and operations, independent contractors, broad form property damage and explosion, collapse and underground damage coverage and a contractual liability endorsement, for all training and educational programs and activities it sponsors. This shall include coverage for instructors and participants in such programs.
- Business Auto Policy, in a minimum amount of $1,000,000 per occurrence combined single limit for bodily injury and property damage liability. This shall include owned vehicles, hired vehicles, and non-owned vehicles.
DTCC agrees to include the Town as an additional insured party on the comprehensive general liability insurance policy. DTCC agrees to have this documented in writing as part of their insurance coverage for classes and students. A copy of said policy will be placed on file at the Chapel Hill Fire Department in its administrative office.
This contract is between the Town of Chapel Hill and Durham Technical Community College for a partnership agreement.
IN WITNESS WHEREOF, the parties hereunto cause this agreement to be executed in their respective names.
The Town Clerk of the Town of Chapel Hill attests this Contract is in effect this ______day of _____________________, 20______.
DURHAM TECHNICAL COMMUNITY COLLEGE
_______________________________ ________________________
SIGNATURE TITLE
_______________________________ _________________________
ATTEST TITLE
TOWN OF CHAPEL HILL
______________________________
TOWN MANAGER
ATTEST BY THE TOWN CLERK:
____________________________
TOWN CLERK TOWN SEAL
Approved as to Form and Authorization
______________________________
TOWN ATTORNEY
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act.
________________________________
FINANCE DIRECTOR
Attest: __________________________
Title: __________________________